NJ Unlicensed Practice of Medicine Defense Lawyer
A license to practice any form of medicine opens the door to career, enhanced job security, and greater financial stability. In order to protect the public and maintain the integrity of medical professions, the State of New Jersey has established strict qualification standards that must be met before someone can obtain a license to practice podiatry, physical therapy, nursing, dermatology, pharmacology and the like. If someone engages in the practice of medicine without a license, he/she faces an indictable crime that carries serious penalties. Selecting a powerful New Jersey unlicensed practice of medicine defense lawyer is probably one of the most beneficial things you can do to avoid a conviction for this offense.
We are Marshall Criminal Defense, a team of accomplished attorneys with exceptional qualifications and experience representing individuals charged with offenses related to the absence, suspension, revocation, or limitation of a medical license. In terms for specifics, our law firm can offer you:
- Over 200 years of combined experience representing individuals charged with an array of white collar violations, including the unlicensed practice of medicine throughout New Jersey
- A team of 15 lawyers who limit their law practice to criminal defense
- Former county prosecutors who have served at the highest levels in the state, including as Director of the Major Crimes Bureau, Trial Division, Juvenile, Domestic Violation, the Gun Task Force, Drug Task Force, and Special Operations
Former counsel to the Governor on staff - Certified criminal trial attorneys
- A long history of acquittals at trial, dismissals, and favorable plea agreements
If you would like to speak to an attorney at our law office anytime 24/7, call 855-450-8310. Initial consultations are always free so do not hesitate to contact us whenever the need for a criminal attorney arises.
Unauthorized Practice of Medicine, Surgery or Podiatric Medicine in New Jersey
N.J.S.A. 2C:21-20 outlines the offense that we are discussing in this article. This statute makes it a third degree crime, a felony, for knowingly practice medicine, surgery or podiatric medicine without a license or to knowingly practice in these fields while their license is suspended, revoked, or otherwise limited by the State Board of Medical Examiners.
An individual violates this law if he/she: (1) engages in that practice; (2) exceeds the scope of practice permitted by the board order; (3) holds themself out to the public or any person as being eligible to engage in that practice; (4) engages in any activity for which such license or permit is a necessary prerequisite, including, but not limited to, the ordering of controlled dangerous substances or prescription legend drugs from a distributor or manufacturer; or (5) practices medicine or surgery or podiatric medicine under a false or assumed name or falsely impersonates another person licensed by the board.
Elements Of This Criminal Offense
The State must prove the following elements, beyond a reasonable doubt, to convict someone for practicing medicine without a license:
- Defendant knowingly did not possess a license or permit to practice medicine, surgery or podiatric medicine or had his/her license or permit to practice medicine and surgery or podiatric medicine suspended, revoked or otherwise limited by an order entered by the State Board of Medical Examiners; and
- Defendant knowingly engaged in the practice of medicine and surgery or podiatric medicine.
The State is not required to prove that the defendant intended to obtain a monetary or pecuniary benefit, nor to injure or defraud another, but only that the defendant acted knowingly.
Practice of Medicine. The term is defined in N.J.S.A. 45:9-51 and includes any branch of medicine and/or surgery, and any method of treatment of human ailment, disease, pain, injury, deformity, mental or physical condition. You should also know that some branches of medicine have specific definitions that further clarify what constitutes the practice of medicine, for example, N.J.S.A. 54:32E-1b defines “cosmetic surgery”. Examples of situations found to involve practicing medicine include conducting a physical examination on a person or child as if you are a physician, providing botox or “filler” injections, performing surgical procedures, dispensing medication, offering physical therapy by any person who does not hold a license as a physical therapist, providing psychology or therapy without a license, colonic hydrotherapy, laser hair removal, needle electromyography, or exceeding the scope of an existing medical license.
Misrepresentation To The Public. It is also a crime under the statute if a person holds himself out to the public or any person as eligible to engage in practice when he is not licensed and eligible to practice medicine, surgery, or podiatric medicine. Those professionals who have had a license limited, suspended, or revoked also commit a crime if they hold themselves out to the public or any person as being eligible to engage in medical practice.
Ordering Prescription Drugs And CDS. It is also a crime if a person engages in any activity for which a license or permit is necessary, including the ordering of controlled dangerous substances or prescription legend drugs from a distributor or manufacturer.
Practicing Under A False Name. It is also a crime under the statute if a person practices medicine, surgery, or podiatric medicine under a false or assumed name or falsely impersonates another person licensed by the board.
Penalties & Sentencing for the Unlicensed Practice of Medicine
The standard penalties for a third degree crime apply at the time of sentencing for the unlicensed practice of medicine. More specifically, you may be sent to prison for up to 5 years. You are exposed to a fine of up to $15,000.
There is also the potential for stiff collateral consequences. You may have your license further limited, revoked or suspended if your case involves one where the basis for the violation was exceeding the scope of an existing license. The Attorney General may also move for civil sanctions.
Contact Our Highly Accomplished Unlicensed Practice Of Medicine Attorneys
If you have been charged with the unlicensed practice of medicine in New Jersey, call (877) 534-7338 as soon as possible. You may also contact Marshall Criminal Defense online to connect with a criminal defense attorney skilled in handling professional license charges. Our talented New Jersey criminal attorneys can provide you with a strategic and effective defense against a charge of practicing medicine without a license anywhere in the state. Our legal team has more than 200 years of combined experience defending all types of criminal cases, including professional license cases.
Frequently Asked Questions
Unlicensed Practice of Medicine
Is A Person Liable For Any Harm Caused As The Result Practicing Medicine Without a License?
In New Jersey, when one holds himself out to the public as having a professional skill and offers his services to those who accept them based on that representation, he is responsible for any shortfall or lack of skill, even if his services are rendered gratuitously.
Can A Non-Physician Own A Medical Practice In New Jersey?
The corporate practice of medicine doctrine prohibits corporations from practicing medicine or employing a physician to provide professional medical care. New Jersey law prohibits non-physicians – any person without a license – from engaging directly in any medical practice.
Does Someone Have to Render Treatment in Order to Violate This Law?
The practice of medicine includes conducting a medical examination and offering a diagnosis. Rendering treatment is not required to establish that a defendant engaged in the practice of medicine, surgery, podiatric medicine without a license.
What Types Of Medical Practices Are Covered By The Statute?
The practice of medicine and surgery includes the practice of any branch of medicine, surgery, and any method of treatment of human ailment, disease, pain, injury, deformity, mental or physical condition. The practice of medicine and surgery or podiatric medicine includes conducting a medical examination and rendering a diagnosis.
